Income-tax Officer, Ward-11(1) v. Amalgamated Bean Coffee Trading Co. (P) Ltd
[Citation -2005-LL-0923-4]
Citation | 2005-LL-0923-4 |
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Appellant Name | Income-tax Officer, Ward-11(1) |
Respondent Name | Amalgamated Bean Coffee Trading Co. (P) Ltd. |
Court | ITAT-Bangalore |
Relevant Act | Income-tax |
Date of Order | 23/09/2005 |
Assessment Year | 2003-04 |
Judgment | View Judgment |
Keyword Tags | adjusted book profit • business deduction • export business • gross total income • profits and gains of business • special bench |
Bot Summary: | The Revenue is in appeal agitating the action of the learned CIT(A) in allowing the claim of deduction under s. 80HHC r/w s. 115JB. The learned Departmental Representative pointed out that the order of learned CIT(A) is opposed to law and facts and circumstances of the case. He erred in holding that the assessee is eligible for the claim of deduction under s. 80HHC from the profits computed under the provisions of s. 115JB, overlooking the fact that in Expln. To s. 115JB, reference is made to profits eligible for deduction under s. 80HHC and no reference is made to book profits. We have heard the rival contentions and on our careful perusal of the facts and circumstances, we are inclined to hold that the issue agitated by the Revenue before us stands squarely covered by the decision of the Tribunal, Special Bench insofar as the Special Bench covered the case of Bhushan Steel Strips Ltd. vs. Dy. CIT wherein the assessment year involved was 2003-04 as applicable to the assessee before us and had also noted the applicability of s. 115JB which discussion is out of contention as was agitated before the Special Bench. The deduction under s. 80HHC in a MAT scheme is from the taxable income, which is otherwise the adjusted book profit. The deduction under s. 80HHC is in that way given out of the gross total income in a case falling under MAT. This in turn means that section 80HHC should be computed on the adjusted book profit. 115J, 115JA and 115JB. Therefore, the deduction under s. 80HHC in a case of MAT assessment is to be worked out on the basis of the adjusted book profit and not on the basis of the profit computed under the regular provisions of law applicable to the computation of profits and gains of business or profession. |